As a Dallas divorce lawyer, I frequently have clients that come into my office wanting “sole custody.” Custody is a term that means different things to different people. In this series of blog posts, I’ll explain how “custody” is determined in Texas. The first post in this series will define the words Texas courts use in determining custody issues.
In Texas conservatorship is the term that equates with custody. Chapter 153 of the Texas Family Code sets forth the framework for appointing individuals as conservators and granting rights of possession and access to a child.
There are two types of conservators: managing and possessory. Managing conservators are further divided into two sub-categories, sole and joint. A sole managing conservator is a person that is granted exclusive rights to make decisions for the child. A joint managing conservator is one of two people who share the rights and duties of a parent, even if the exclusive right to make certain decisions (for example, the place of the child’s primary residence) is awarded to only one person. A possessory conservator is a person who is designated by the court as having a right to possession of a child under specified conditions, and who is authorized during their periods of possession to exercise certain rights of a parent. A very common misconception regarding joint managing conservators is that each parent must have equal periods of possession. Also, a possessory conservator can exercise his or her periods of possession to the exclusion of a managing conservator.